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EAGLE OIL CO. v. SINCLAIR PRAIRIE OIL CO.

No. 1817.

105 F.2d 710 (1939)

EAGLE OIL CO. et al. v. SINCLAIR PRAIRIE OIL CO.

Circuit Court of Appeals, Tenth Circuit.

June 29, 1939.

Attorney(s) appearing for the Case

Lawrence Mills, of Tulsa, Okl., for appellants.

A. A. Davidson, of Tulsa, Okl. (Edward H. Chandler, Preston C. West, Paul B. Mason, and Summers Hardy, all of Tulsa, Okl., on the brief), for appellee.

Before PHILLIPS, BRATTON, and WILLIAMS, Circuit Judges.

PHILLIPS, Circuit Judge.

A tract of land containing 100 acres was allotted to Andrew Sewell, a Creek Freedman, as his surplus allotment, and patent duly issued therefor. On April 27, 1904, Sewell executed and delivered to the Success Oil & Gas Company1 an oil and gas lease2 covering such land. The term of the lease was 10 years, and, should minerals be found in paying quantities, so long thereafter as the...

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